True False Questions pg 263-282 Flashcards
(173 cards)
0
Q
In England prior to 1066 the king only dealt with violent crimes.
A
True
1
Q
American law is largely from English law.
A
True
2
Q
After 1066, matters that involve non money issues & non criminal issues were handled by the church courts.
A
True
3
Q
The use of a jury in court is a fairly recent thing.
A
False
4
Q
Malpractice is something unique in the United States & had only occurred in the last few hundred years.
A
False
5
Q
Lloyd’s of London was originally a bar.
A
True
6
Q
The concept of insurance is to spread the risk over a larger population.
A
True
7
Q
Malpractice has been increasing dramatically in the last 10 years.
A
False
8
Q
A hospital such as Loma Linda hospital is, in the state of California, dealt with like an administrative agency of the California government.
A
True
9
Q
In the US, state or federal governments have 3 branches
A
True
10
Q
The legislative branch of government can appoint heads of the different departments of the executive branch of government.
A
False
11
Q
The constitution specifies a number of different agencies that report to the president & Vice President.
A
False
12
Q
Article 3 of the constitution authorizes the establishment of, specifically, tax courts.
A
False
13
Q
The highest court in the land is the US Supreme Court.
A
True
14
Q
If a state issue is involved such as divorce then the US Supreme Court has no authority to change the supreme courts decision.
A
False
15
Q
If someone trespassed on your land & their injured you have no liability in California.
A
False
16
Q
In a commerical lease, you may still have to pay rent if there is a flood on the property.
A
True
17
Q
In a commercial lease you may still have to pay rent if the heating & cooling system does not work
A
True
18
Q
In a private lease there are covenants that run with the lease so that if the properties is uninhabitable you don’t have to pay rent.
A
True
19
Q
If someone takes something of yours & doesn’t return it in 2 weeks they may have to pay the full value of the chattel
A
True
20
Q
If you block the front door to someone’s house but they can leave out the back door, it is false imprisonment.
A
False
21
Q
If you follow somebody closely but do not bother them, it is not a violation of the stalking laws.
A
False
22
Q
A physical therapist owes a duty to a person who is drowning in a swimming pool if they walk by.
A
False
23
Q
Duty of a physical therapist for professional conduct in treating a patient is best defined in the PT handbook published by the American physical therapy association.
A
True
24
If you are used for malpractice, the duty must meet a local standard & not a national standard.
False
25
It is always easy to determine if duty had been breached in a negligence suit & never requires experts.
False
26
Duty and breach can be established by establishing negligence per swig a statute has been violated.
True
27
In negligence per se, proof the statute must have been created to protect the people for the duty that was breached must be shown.
True
28
Negligence can be established under resipsa liquitor if something happens that shouldn't normally happen in a hospital but no one knows who did it.
True
29
Actual cause in a negligence suit must satisfy the "but for test"
True
30
Proximate cause in a civil suit for negligence must satisfy for "foreseeability" test
True
31
It is foreseeable that an emergency room doctor can make a mistake & injure somebody who has been in an automobile accident
True
32
In a tort lawsuit, punitive damages can be awarded in most states.
True
33
Loss of consortium is usually filed by the plaintiff
False
34
Loss of consortium is usually filed by the significant other of the plaintiff in a tort action.
True
35
If you have a masters in PT you are held to a higher standard in a malpractice lawsuit then someone with a bachelors degree.
True
36
If you have a doctorate in PT you're held to a higher standard than someone with a masters or a bachelors degree in PT in a malpractice lawsuit.
True
37
In California the total aggregate damages in a malpractice lawsuit can not exceed 250 dollars.
True
38
Product liability is a type of intentional tort.
False
39
To win a product liability lawsuit you
| Need to show that a better or safer product can be built to avoid the accident for a similar price.
True
40
If you leave a physical therapy practice & tell your patients that the practice is "no good" & take the patients with you, you may be guilty of interference with contract.
True
41
If a patient was going to come to a PT practice & tell your patients that the practice is "no good" & take the patients with you, you may be guilty of interference with contract.
True
42
Ofa patient was going to come to a
| PT practice & you take them into your PT contract, you may be guilty of interference with perspective contract.
True
43
If you leave Loma Linda hospital & say that it is a bad hospital & you can't prove this in court you may be guilty of business liable.
True
44
For a written or oral statement to be defamation, it must be understood.
True
45
The best defense for slander or liable is what was said is the truth.
True
46
Gernerally speaking, to win an award in court for liable or slander, damages must be proved.
True
47
For certain types of liable
| & slander, damages do not need to be proved.
True
48
The federal tort claims act allows you to sue the federal government in certain cases where civil rights or other issues are violated.
True
49
If you sued the federal government for the violation of civil rights, if you prevail, they will pay your legal fees.
True
50
An offer is an outward manifestation
| Tone bound by an agree my enforceable under the law with certain& definite terms
True
51
If someone shakes their head this can be an acceptance?
True
52
Acceptance must be unequivocal except for commercial venders.
True
53
Offers & acceptances for commercial merchants are established under the UCC.
False
54
Under the UCC an acceptance can modify the offer, it is valid if not objected to within 12 business days.
False
55
Under the UCC an acceptance can modify the offer & can still be valid.
True
56
The mail box rule states that an offer is valid at the date of receipt.
False
57
Consideration is "that which is bargained for an exchange for a contract"
True
58
Gifts are a good example of contracts.
False
59
A typical example of a unilateral contract is a reward for catching a criminal.
True
61
A court will always try to make a contract valid.
True
62
A court will try to make contracts valid by subdividing contracts wherever possible
true
63
one remedy for breach of contract is to pay whatever is necessary so the contract can be completed.
true
64
punitive damages can be awarded in a breach of contract
false
65
pain and suffering are awarded in a breach of contract
false
66
if someone issues a contract to you and then interferes with you in performing the contract, you can use this for a defense for a breach of contract
true
67
anticipatory repudiation is when you learn before a contract is started that the person you signed the contract with is going to breach the contract and therefore sue before the contract would ever be started
true
68
contract law favors assignment of rights & delegations of duties
true
69
assignment of rights and delegation of duties can be avoided if there is a clause in the contract blocking it.
true
70
the parole evidence rule says that you can be released from prison if you behave yourself
false
71
the best defense for the parole evidence rule is by putting a clause in a contract called an integration clause
true
72
an integration clause in a contract states that all the terms are written in the contract and no oral evidence will be admitted in court
true
73
condition precedent means that something needs to be done before the contract is started
true
74
condition subsequent means that something must be done at the end of the contract to finish the contract
true
75
if you assume the debt of another it must be in writing unless it is more than one hundred dollars
false
76
all real estate contracts must be in writing
true
77
goods over $10 that are sold must involve a written contract
false
78
real estate contract to rent an apartment for 2 months does not have to be in writing
false
79
a contract that extends over a period of time should have the payment schedule clause.
true
80
a payment schedule clause should involve indexing for inflation
true
81
a good contract provides a clause stating what each party will bring to the contract and what they will get
true
82
an arbitration clause can either be binding or non-binding
true
83
a binding arbitration clause keeps you from going to court to settle a dispute but allows a panel of arbitrator to make the final decision on who is right or wrong in the contract dispute.
true
84
a legal fees clause can force you to pay the other sides legal fees if you break the contract
true
85
a prevailing law clause states that you will use the law the state you work in
false
86
in california, an employment contract can specify that after you leave one PT practice you can't work within 25 miles within 2 years
false
87
an insurance clause in a contract specifies who will carry insurance to protect you and the other party in the contract
true
88
An indemnity clause specifies who will have to pay damages in legal fees if something goes wrong in a contract
false
89
an assignment clause can block giving a contract to another party
true
90
there are 2 basic elements to be satisfied in any criminal act, these are the means rea and corpus rea of the crime
true
91
criminal and civil assualt and battery are exactly the same except that one is filed by the state
false
92
a depraved type murder is a type of 2nd degree murder
false
93
for a 1st degree murder, deliberation is always necessary
false
94
if a person kills another person in self defense, it is not considered murder
false
95
in california a valid defense for first degree murder is eating twinkies
false
96
negligent homicide requires deliberation and premeditation
false
97
a person accidentally walks into the stock room of the grocery store and upon seeing the groceries decides to take some. this is a typical example of a burglary.
false
98
burglary is considered an offense against the habitat.
true
99
to be convicted of attempted burglary, only the initial planning of the crime must begin
true
100
slight charring of any portion of a residence or business can result in a conviction of arsin
true
101
one good defense for a criminal act is that you were drinking
false
102
if someone gives you drugs and you don't know that you're taking drugs, then you can still be convicted of a crime
false
103
incapacity is a valid defense for a criminal act
true
104
mistake a fact but not mistake a law is a defense for a criminal act
true
105
someone breaks into your house and they have a gun and you shoot them. self defense is valid as a defense
true
106
after you have been served with a lawsuit in a civil case you have sixty days to respond
false
107
during discovery you can only use interrogatories and depositions
false
108
an interrogatory can be served on any one to expedite the case
false
109
a summary judgment can be for all the issues in a lawsuit or just some of the issues
true
110
in the opening argument, the trial attorneys cab argue that the other side has poor evidence
false
111
once you file a lawsuit against somebody, you can hand it to the other party yourself
false
112
california uses code pleading
true
113
federal courts uses code pleading
false
114
a subpoena can be for items or documents or even for people
true
115
if a summary judgment motion is granted, the opposing party may pay the costs
true
116
if the case is filed in california, and the californian supreme court sides against you, then you can appeal to the US Supreme COurt
true
117
remedial measures too cannot be shown at trial
true
118
character evidence is always admissible at trial
false
119
settlement offers cannot be admitted at trial
true
120
for real evidence, the chain of custody must be established
true
121
the best evidence rule says that the original evidence is necessary court
true
122
for hospital records, it is only necessary to have the keeper of records from the business or hospital come to trial to testify that the records are legitimate
true
123
priests, lawyers and health care providers are protected from testifying as a privilege
true
124
hearsay is a statement made by a declarant at the time of trial to prove the truth of the matter is asserted
true
125
an excited utterance is exception to the hearsay rule
true
126
in california admitting something to another party, it is not hearsay and it is admissible at trial as hearsay exclusion
true
127
a dying declaration is admissible at trial only to the extent that it involves the circumstances about the death
true
128
government records are exception to the hearsay rule
true
129
family trees are an exception to the hearsay rule
true
130
agencies has quasi judicial and quasi legislative authority
true
131
you must exhaust all of your appeals within an agency before you can go to court
true
132
the 14th amendment states that agencies must follow due process
true
133
agency divisions must balance public and private needs
true
134
an illegal statue can be used as a challenge to an agency
true
135
ultra vires means that an agency has done something outside of its legislative authority
true
136
the 3 elements of consent are squinter voluntary and willingly
true
137
if you don't have consent in medical practice, it is considered civil assault and battery and criminal charges can also be filed
true
138
statutory informed consent means that if someone is unconscious and unable to make a decision, the health care provider can make it for them in an emergency
true
139
medical records are the property of the patient even if they don't pay their bill
true
140
only the patient can release medical records
true
141
if you receive a subpoena for medical records, since the subpoena is ordered by the courts in all cases, you must comply
false
142
if you treat someone under 18 years old, then the statute of limitations is always one years during which they can file for malpractice
false
143
the most important law protecting confidentiality is HIPAA
false
144
HIPPA only applies if you are using electronic billing
true
145
HIPPA promotes only necessary and minimal oral communication
true
146
subcontractors that work for you must sign a HIPPA agreement
true
147
research does not fall under HIPPA
false
148
the life of a patent is 20 years
true
149
patents are protected internationally under the Berne treaty
true
150
exceptions to copyright violations are called the fair use doctrine
true
151
the purpose of the ADA is to eliminate discrimination against people with disabilities.
true
152
AIDS is covered under the ADA
true
153
learning disorders are covered under ADA
true
154
schizophrenia is covered under ADA
True
155
heart disease is covered under ADA
true
156
diabetes is covered under the ADA
true
157
you can take a polygraph on someone before you hire them
false
158
minimum wage is specified in the fair labor standards act
true
159
family leave can be taken for pregnancy
true
160
asking for sexual acts for favors in the job is called quid pro quo
true
161
telling a dirty joke in the work environment that a third party hears is an example of 2nd degree sexual discrimination
true
162
email is considered confidential
false
163
emailing information about a patient across the hospital is legal in all cases
false
164
almost 15% of all medical claims were fraudulent
true
165
fraud is an intentional deception or misrepresentation made by a person with the knowledge that the deception can result in some unauthorized benefit to that person or the other.
true
166
medicare abuse is defined as payment for items or services where there is no legal entitlement to those services
true
167
medicare fraud can result in monetary penalties but not jail time
false
168
under medicare, you can bill for a student on an intern treating a medicare patient
false
169
you can use PTA's on medicare patients since they are licensed
false
170
it is a felony for anyone who knowingly and remotely receives or pays anything of value to influence the referral of a medicare patient
true
171
under a safe barber, if you turn yourself in, you cannot be prosecuted.
true
172
you can give a gift not to exceed $25 to a medicare beneficiary who is your patient
true
173
under start 2, it is alright to have your wife own a medical lab that you are dealing with.
false
